Revolutionary War Law And Lawyers
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A Well-regulated Militia
Author | : Saul Cornell |
Publisher | : Oxford University Press |
Total Pages | : 289 |
Release | : 2006 |
Genre | : History |
ISBN | : 0195341031 |
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
The Constitutional Origins of the American Revolution
Author | : Jack P. Greene |
Publisher | : Cambridge University Press |
Total Pages | : 223 |
Release | : 2010-10-25 |
Genre | : History |
ISBN | : 1139492934 |
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
The Concept of Liberty in the Age of the American Revolution
Author | : John Phillip Reid |
Publisher | : University of Chicago Press |
Total Pages | : 248 |
Release | : 1988 |
Genre | : Political Science |
ISBN | : 9780226708966 |
"Liberty was the most cherished right possessed by English-speaking people in the eighteenth century. It was both an ideal for the guidance of governors and a standard with which to measure the constitutionality of government; both a cause of the American Revolution and a purpose for drafting the United States Constitution; both an inheritance from Great Britain and a reason republican common lawyers continued to study the law of England." As John Philip Reid goes on to make clear, "liberty" did not mean to the eighteenth-century mind what it means today. In the twentieth century, we take for granted certain rights—such as freedom of speech and freedom of the press—with which the state is forbidden to interfere. To the revolutionary generation, liberty was preserved by curbing its excesses. The concept of liberty taught not what the individual was free to do but what the rule of law permitted. Ultimately, liberty was law—the rule of law and the legalism of custom. The British constitution was the charter of liberty because it provided for the rule of law. Drawing on an impressive command of the original materials, Reid traces the eighteenth-century notion of liberty to its source in the English common law. He goes on to show how previously problematic arguments involving the related concepts of licentiousness, slavery, arbitrary power, and property can also be fit into the common-law tradition. Throughout, he focuses on what liberty meant to the people who commented on and attempted to influence public affairs on both sides of the Atlantic. He shows the depth of pride in liberty—English liberty—that pervaded the age, and he also shows the extent—unmatched in any other era or among any other people—to which liberty both guided and motivated political and constitutional action.
The Rights Revolution
Author | : Charles R. Epp |
Publisher | : University of Chicago Press |
Total Pages | : 348 |
Release | : 1998-10-15 |
Genre | : Law |
ISBN | : 9780226211626 |
List of Tables and FiguresAcknowledgments1: Introduction 2: The Conditions for the Rights Revolution: Theory 3: The United States: Standard Explanations for the Rights Revolution 4: The Support Structure and the U.S. Rights Revolution 5: India: An Ideal Environment for a Rights Revolution? 6: India's Weak Rights Revolution and Its Handicap 7: Britain: An Inhospitable Environment for a Rights Revolution? 8: Britain's Modest Rights Revolution and Its Sources 9: Canada: A Great Experiment in Constitutional Engineering 10: Canada's Dramatic Rights Revolution and Its Sources 11: Conclusion: Constitutionalism, Judicial Power, and Rights App: Selected Constitutional or Quasi-Constitutional Rights Provisions for the United States, India, Britain, and Canada Notes Bibliography Index Copyright © Libri GmbH. All rights reserved.
Lawyers, Lawsuits, and Legal Rights
Author | : Thomas F. Burke |
Publisher | : Univ of California Press |
Total Pages | : 279 |
Release | : 2002 |
Genre | : Law |
ISBN | : 0520243234 |
"Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
Scars of Independence
Author | : Holger Hoock |
Publisher | : Crown Publishing Group (NY) |
Total Pages | : 578 |
Release | : 2017 |
Genre | : History |
ISBN | : 0804137285 |
Tory hunting -- Britain's dilemma -- Rubicon -- Plundering protectors -- Violated bodies -- Slaughterhouses -- Black holes -- Skiver them! -- Town-destroyer -- Americanizing the war -- Man for man -- Returning losers
Revolutionary Power
Author | : Shalanda Baker |
Publisher | : Island Press |
Total Pages | : 226 |
Release | : 2021-01-14 |
Genre | : Political Science |
ISBN | : 1642830674 |
In September 2017, Hurricane Maria hit Puerto Rico, completely upending the energy grid of the small island. The nearly year-long power outage that followed vividly shows how the new climate reality intersects with race and access to energy. The island is home to brown and black US citizens who lack the political power of those living in the continental US. As the world continues to warm and storms like Maria become more commonplace, it is critical that we rethink our current energy system to enable reliable, locally produced, and locally controlled energy without replicating the current structures of power and control. In Revolutionary Power, Shalanda Baker arms those made most vulnerable by our current energy system with the tools they need to remake the system in the service of their humanity. She argues that people of color, poor people, and indigenous people must engage in the creation of the new energy system in order to upend the unequal power dynamics of the current system. Revolutionary Power is a playbook for the energy transformation complete with a step-by-step analysis of the key energy policy areas that are ripe for intervention. Baker tells the stories of those who have been left behind in our current system and those who are working to be architects of a more just system. She draws from her experience as an energy-justice advocate, a lawyer, and a queer woman of color to inspire activists working to build our new energy system. Climate change will force us to rethink the way we generate and distribute energy and regulate the system. But how much are we willing to change the system? This unique moment in history provides an unprecedented opening for a deeper transformation of the energy system, and thus, an opportunity to transform society. Revolutionary Power shows us how.
America's Unwritten Constitution
Author | : Akhil Reed Amar |
Publisher | : Basic Books (AZ) |
Total Pages | : 644 |
Release | : 2012-09-11 |
Genre | : History |
ISBN | : 0465029574 |
Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.